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Criminal Law

: Fourth Amendment

CA9: Forced taking of DNA from a suspect violated clearly established Fourth Amendment rights

By John Wesley Hall, Jr.

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The plaintiff was arrested in Las Vegas and was a suspect in a sex offense. He had been convicted in Montana in 1980 and was released from supervision in 2001, and no DNA was on file for him. A DDA decided that police needed his DNA, so she directed a police officer to get it by force if necessary, which they did. The forcible taking of DNA from the plaintiff violated his clearly established Fourth Amendment rights. Friedman v. Boucher, 2009 U.S. App. LEXIS 13440 (9th Cir. June 23, 2009) (submitted October 19, 2007): We turn first to the question of whether the warrantless, suspicionless, forcible taking of Friedman's DNA violated his constitutional rights. There is no question that the buccal swab constituted a search under the Fourth Amendment...continue to full post

Full post as published by Fourth Amendment on June 25, 2009 (boomark / email).

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